Pursuant to Article 54 paragraph 1 of the Environmental Protection Act (Official Gazette 110/2007), the Government of the Republic of Croatia, at its session on 20 June 2008, adopted the following

REGULATION

ON SEA BATHING WATER QUALITY

Article 1

(1) This Regulation sets out standards for bathing water quality on sea beaches, establishing limit values for microbiological parameters and other characteristics of the sea. (2) For the purpose of attaining the prescribed bathing water quality standards referred to in paragraph 1 of this Article, measures for management of sea bathing water are hereby established.

Article 2

(1) The management measures referred to in Article 1 paragraph 2 of this Regulation are as follows: - establishing a monitoring timetable (calendar), - monitoring of sea bathing water quality, - assessment of sea bathing water quality, - identifying and assessing causes of pollution that might affect bathing water quality and impair bathers' health, - taking action to prevent bathers' exposure to pollution, - taking action to reduce the risk of pollution, - classifying sea bathing water, - establishing and maintaining a bathing water profile. (2) The management measures referred to in paragraph 1 of this Article shall be implemented by the county and coordinated by the central state administration body competent for environmental protection issues (hereinafter: the Ministry).

Article 3

(1) This Regulation relates to monitoring sea bathing water quality at sea beaches where a large number of bathers is expected and for which a permanent bathing prohibition has not been issued. (2) A sea beach is a developed or natural beach defined under a special regulation.

Article 4

The terms used in this Regulation have the following meaning: 1. large number of bathers: a number of bathers that the competent administrative body in the county considers to be large having regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken, to promote bathing, 2. permanent bathing prohibition: a bathing prohibition lasting for at least one whole bathing season, 3. pollution: the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to bathers' health, 4. short-term pollution: microbiological contamination of sea water that has a clearly identifiable source and which is not normally expected to affect bathing water quality for more than approximately 72 hours, 5. set of bathing water quality data: prescribed amount of data on the basis of which sea bathing water is assessed and classified, 6. bathing water quality assessment (hereinafter: assessment): the process of evaluating bathing water quality, using methods for analysis of microbiological parameters, 7. bathing water profile: set of basic characteristic properties of a sea beach and sea bathing water, 8. macro-algae and phytoplankton proliferation: accumulation of macro-algae/phytoplankton in the form of a bloom or scum.

Article 5

(1) Microbiological parameters monitored in the sea are intestinal enterococci and escherichia coli, the limit values of which are prescribed in Annex I of this Regulation. (2) Other sea water characteristics which are monitored are meteorological conditions, temperature and salinity of sea water as well as visible contamination.

Article 6

(1) The bathing season at sea beaches shall last from 1 June until 15 September, unless due to weather conditions and local customs, the representative body of the county issues a decision on the bathing season lasting for a longer period of time. (2) Monitoring of bating water quality at sea beaches shall be carried out from 15 May until 30 September.

Article 7

Before the beginning of each bathing season, the representative body of the county shall issue a decision establishing the sea beaches on which bathing water quality monitoring shall be performed, the preparation of a cartographic representation of the sea beach and the development of the bathing water profile.

Article 8

The cartographic representation of the sea beach referred to in Article 7 of this Regulation shall contain: - the borders of the sea beach, - place of outfall and quantities of waste water (Q daily), - submarine outfall with identification of outfall profile and length, and the sea depth at the place of discharge, - type of waste water treatment facility,

(1) The bathing water profile shall be determined for the sea beach referred to in Article 7 of this Regulation. (2) The bathing water profile referred to in paragraph 1 of this Article shall contain: - location of sampling points, - description of the physical, geographical and hydrological characteristics of the bathing water, - assessment of bathing water quality, - identification and assessment of causes of pollution that might affect bathing waters and impair bathers' health, - establishment of the pollution risk level, - assessment of the potential for proliferation of macro-algae and/or phytoplankton and - public notification system. (3) Data on the bathing water profile referred to in paragraph 2 of this Article shall be entered in the BWP Form - bathing water profile. (4) The BWP Form shall be submitted to the competent administrative body in the county. (5) The bathing water profile shall be prepared by 1 May 2010 at the latest.

Article 10

(1) Bathing water quality monitoring activities shall be performed by a legal person authorised for monitoring activities in the field of environmental protection pursuant to the Environmental Protection Act (hereinafter: authorised person). (2) Monitoring activities referred to in paragraph 1 of this Article are: - sampling, - monitoring other sea quality characteristics, - laboratory analysis of samples, - assessment of results obtained through sampling, - preparation of reports pursuant to the provisions of this Regulation and - development of the bathing water profile.

Article 11

Funds for bathing water quality monitoring on sea beaches, development of cartographic representations of sea beaches and development and updating of bathing water profiles pursuant to the provisions of this Regulation shall be secured by the county.

Article 12

(1) Prior to the beginning of bathing season, the authorised person referred to in Article 10 of this Regulation shall prepare a bathing water monitoring calendar subject to the approval of the competent administrative body in the county. (2) Bathing water quality monitoring shall be performed by sea water analysis and shall begin at the latest within four days from the day set out in the monitoring calendar referred to paragraph 1 of this Article.

Article 13

Sampling points of bathing water on a sea beach shall be as follows: - on a sandy or pebbly beach, one sampling point every 100 m of length, at points where the largest number of bathers is expected or where, according to the bathing water profile, the greatest risk of pollution is expected, - on other beaches, one sampling point every 200 m of length, at points where the largest number of bathers is expected or where, according to the bathing water profile, the greatest risk of pollution is expected, - one sampling point at each sea mouth of watercourses, coastal springs and submarine springs, and at points where the greatest risk of pollution is expected.

Article 14

(1) On a sandy or pebbly beach samples shall be taken 30 cm below the water's surface at points where the sea is at least 1 m deep. (2) On other types of sea beaches (rocky coast, reefs etc.) samples shall be taken 30 cm below the water's surface at a minimum distance of 1 m from the coastal line, at locations where the sea is at least 1 m deep. (3) At the sea mouth of watercourses, coastal springs and submarine springs and at points where the risk of pollution exists, samples shall be taken where possible, 30 cm below the water's surface in sea which is at least 1 m deep. (4) Bathing water samples shall be taken every 15 days.

Article 15

(1) Data for each sampling of bathing water shall be entered in the BWS Form - bathing water sampling. (2) Rules on handling bathing water samples are set out in Annex II of this Regulation.

Article 16

Analysis of microbiological parameters shall be carried out by application of the analysis methods referred to in Annex I of this Regulation.

Article 17

(1) Bathing water samples at sea beaches shall not be taken during heavy rain, strong wind, large waves or occurrence of macro-algae/phytoplankton proliferation. (2) In the event of the occurrences referred to in paragraph 1 of this Article, the sea water quality monitoring calendar referred to in Article 12 paragraph 1 of this Regulation shall not be followed. (3) Sampling according to the calendar shall be resumed immediately after the occurrences referred to in paragraph 1 of this Article have passed.

Article 18

(1) In the event of sudden pollution of bathing water at beaches, the authorised person shall upon receiving the notification on pollution, immediately carry out sampling of the sea water. The authorised person shall submit the obtained results to the competent administrative body in the county and to the environmental inspection. (2) The obtained results referred to in paragraph 1 of this Article shall not be taken into account when assessing the bathing water quality.

Article 19

(1) Based on the results of bathing water quality monitoring the following is determined: - individual assessment, - annual assessment, and - final assessment. (2) The individual assessment is determined after each analysis carried out during the bathing season, according to the limit values for the microbiological parameters referred to in Annex I Table 1 of this Regulation. (3) The annual assessment is determined after the end of the bathing season, based on a set of data on bathing water quality for that particular bathing season, according to the limit values for the microbiological parameters referred to in Annex I Table 2 of this Regulation. (4) The final assessment is determined after the end of the last bathing season and the three preceding bathing seasons, according to the limit values for the microbiological parameters referred to in Annex I Table 2 of this Regulation, based on a data set of at least 28 samples for each sampling point. (5) The assessments referred to in paragraphs 2, 3 and 4 of this Article shall be published on the web site of the county, the Ministry and through the media.

Article 20

(1) Based on the individual assessment referred to in Article 19 paragraph 2 of this Regulation, sea bathing water is classified as excellent, good and sufficient. (2) Based on the annual and final assessment referred to in Article 19 paragraphs 3 and 4 of this Regulation, sea bathing water is classified as excellent, good, sufficient and poor.

Article 21

The first final assessment of se bathing water must be carried out by 1 November 2012.

Article 22

Bathing water classified according to Article 20 paragraphs 1 and 2 of this Regulation is labelled on the cartographic representation and on the information board placed on the beach by a circular symbol: - excellent: blue, - good: green, - sufficient: yellow, - poor: red.

Article 23

(1) When the microbiological parameters obtained through sampling exceed the limit values for the "sufficient" assessment category referred to in Annex I Table 1 of this Regulation, it shall be considered that short-term pollution has taken place. (2) In the case referred to in paragraph 1 of this Article the authorised person shall immediately notify the environmental inspector and other competent inspectors, pursuant to special regulations (coordinated inspectional supervision), for the purpose of determining the source of pollution. (3) Until the short-term pollution has passed, the authorised person shall perform additional sampling on a daily basis.

Article 24

(1) Sampling results obtained during short-term pollution are not added to the data set for determining the bathing water quality. (2) The maximum number of samples which are not added to the overall data set for determining the bathing water quality is one sample. (3) After the end of short-term pollution the authorised person shall within seven days perform one additional sampling in order to verify that the short-term pollution no longer exists. The obtained results shall be added to the data set.

Article 25

(1) The environmental inspector shall order the known short-term polluter to undertake measures for removal of the consequences of pollution. (2) If the short-term polluter is not known, the environmental inspector shall order the beach concessionaire or the local self-government unit, if the beach is not under concession, to undertake the measures referred to in paragraph 1 of this Article. (3) The beach concessionaire or the local self-government unit are entitled to reimbursement of the costs of removing the source of pollution referred to in paragraph 2 of this Article, from the person that is subsequently established to have caused the pollution.

Article 26

The authorised person shall immediately notify the competent administrative body in the county of the appearance of short-term pollution which shall in turn inform the public, the concessionaire and/or the local self-government unit by issuing a warning on the appearance and expected duration of the pollution through the media.

Article 27

(1) Pollution shall be considered permanent if the bathing water quality on the sea beach after the removal of the pollution source and after the following regular sampling still does not meet the prescribed values of microbiological parameters referred to in Annex I Table 1 of this Regulation. (2) In the case referred to in paragraph 1 of this Article the environmental inspector shall order a permanent bathing prohibition on the sea beach by placing an official bathing prohibition sign (hereinafter: official sign) and by setting up barriers on the beach itself and in the pertaining part of the sea. (3) The official sign shall be placed on a visible location on the beach (on a special post, on the fence surrounding the beach etc.). (4) The conditions for the placement of the official sign and for setting up the barriers shall be ensured by the concessionaire or the local self-government unit.

Article 28

(1) The environmental inspector shall issue an authorisation for removal of the official sign and barriers if the bathing water has been assessed as "sufficient", "good" or "excellent" in two consecutively analysed samples. (2) Removal of the official sign and barriers shall be carried out by the concessionaire or the local self-government unit.

Article 29

(1) The official bathing prohibition sign shall be created in accordance with the HRN ISO 3864 standard. (2) The sign shall be composed of a swimmer (coloured in black) and waves (also in black) depicted on a white background encircled and crossed out in red, signifying that bathing is prohibited. (3) The sign is shown in Annex III of this Regulation.

Article 30

(1) If the bathing water profile referred to in Article 9 of this Regulation shows that there is a risk of pollution, the bathing water profile must contain the following information: - the nature, frequency and expected duration of the pollution, - measures for removal of pollution, and - the authority competent for removal of pollution. (2) In the event that more extensive construction and/or utility works are carried out in the vicinity of the sea beach, the bathing water profile must be reviewed and updated before the beginning of the following bathing season.

Article 31

When the sea bathing water referred to in Article 20 paragraph 2 of this Regulation is classified as excellent, good, sufficient or poor, the bathing water profile referred to in Article 9 of this Regulation shall be reviewed and updated in accordance with Annex IV of this Regulation.

Article 32

(1) The authorised person shall submit data on the individual assessment to the county, within seven days from the day the bathing water quality was determined. (2) The authorised person shall submit to the county a report on the annual assessment within thirty days after the completion of bathing water quality monitoring. (3) Upon receiving the data on the individual assessment referred to in paragraph 1 of this Article, the county shall on the same day publish them on its web site and notify the public thereof through the media.

Article 33

(1) The county shall immediately deliver the data on individual assessment and the report on annual assessment to the Ministry, at the latest by 5 November of the current year. (2) The Ministry shall develop a report on annual assessment of beaches on the Croatian Adriatic, at the latest by 15 December of the current year. (3) The data and the reports referred to in paragraphs 1 and 2 of this Article shall be published on the web site of the county and the Ministry.

Article 34

(1) The county shall prepare and deliver to the Ministry the first report on final assessment by 5 November 2012 at the latest. (2) The Ministry shall prepare the first report on final assessment of beaches on the Croatian Adriatic by 15 December 2012 at the latest.

Article 35

The Croatian Environment Agency shall deliver the report on annual assessment of beaches on the Croatian Adriatic and the report on final assessment of beaches on the Croatian Adriatic to the European Commission, in accordance with Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC.

Article 36

(1) The beach concessionaire and/or local self-government unit must put up on the sea beaches referred to in Article 7 of this Regulation, in an easily accessible place, information boards containing bathing water quality data, a general description of the bathing water, the bathing water profile and information on possible abnormal situations on the beach. (2) If an official sign has been placed on the beach, the information on the bathing prohibition shall be stated on the information board. (3) The information board referred to in paragraph 1 of this Article shall contain data on the bathing water profile and shall be put up by 1 May 2010 at the latest.

Article 37

Annexes I, II, III and IV, and the BWS and BWA Forms with their appropriate contents are published along with this Regulation and form an integral part thereof.

Article 38

By virtue of the entry into force of this Regulation, the Regulation on beach water quality standards (Official Gazette 33/96) shall cease to be in effect.

Article 39

This regulation shall be published in the Official Gazette and shall enter into force on 1 January 2009, with the exception of Article 35 of this Regulation, which shall enter into force on the day of accession of the Republic of Croatia to the European Union. Class: 351-02/08-01/01 Reg. No: 5030105-08-1 Zagreb, 20 June 2008

Prime Minister Ivo Sanader, m.p.

ANNEX I

Table 1 STANDARDS FOR ASSESSMENT OF BATHING WATER QUALITY AFTER EACH ANALYSIS

Parameters

Water quality

Method of analysis

Excellent

Good

Sufficient

Intestinal enterococci (cfu*/100 ml)

<60

61-100

101-200

HRN EN ISO 7899-1 or HRN EN ISO 7899-2

Escherichia coli (cfu*/100 ml)

<100

101-200

201-300

HRN EN ISO 9308-1 or HRN EN ISO 9308-3

* cfu - colony-forming unit
Table 2 STANDARDS FOR ASSESSMENT OF BATHING WATER QUALITY AT THE END OF BATHING SEASON AND FOR THREE PRECEDING BATHING SEASONS

Parameter

Excellent

Good

Sufficient

Poor

Intestinal enterococci (cfu/100 ml)

≤100*

≤200*

≤185**

>185**(2)

Escherichia coli (cfu/100 ml)

≤150*

≤300*

≤300**

>300**(2)

(*) Based upon a 95-percentile evaluation (1) (**) Based upon a 95-percentile evaluation (1) (1) Based upon percentile evaluation of the log10 normal probability density function of microbiological data acquired from the particular bathing water, the percentile value is derived as follows:

o Take the log10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is obtained, take the log10 value of the minimum detection limit of the analytical method used instead.)

o Calculate the arithmetic mean of the log10 values (μ).

o Calculate the standard deviation of the log10 values (σ).

o The 90-percentile point and 95-percentile point are derived from the following equations:

90-percentile = antilog (μ + 1,282 σ).

95-percentile = antilog (μ + 1,65 σ).

(2) Immediate action for each sample, if the number of intestinal enterococci exceeds 300cfu/100 mL, E.coli 500cfu/100ml

ANNEX II

RULES ON THE HANDLING OF SAMPLES FOR
MICROBIOLOGICAL ANALYSIS

1. Sterilisation of sample bottles: Sample bottles are: - to undergo sterilisation in an autoclave for at least 15 minutes at 121°C, or - to undergo dry sterilisation at between 160°C and 170°C for at least one hour, or - to be irradiated sample containers obtained directly from the manufacturer. 2. Sampling Sampling is performed by using a sample pole and a sterile transparent sampling bottle with a minimum volume of 250 ml. Sample containers are to be of transparent and non-coloured material (glass, polyethene or polypropylene). In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical gloves or sample pole) if this is done properly. The sampling bottle must be clearly labelled in indelible ink. 3. Storage and transport of samples Water samples are to be protected at all stages of transport, from the sampling point to analysis at the laboratory, from exposure to light, in particular direct sunlight, and conserved in a cool box or refrigerator at a temperature of around 4°C ? 3°C. The time between sampling and analysis is to be kept as short as possible. It is recommended that samples be analysed on the same day. In exceptional cases the samples may be processed within no more than 24 hours. In the meantime, they shall be stored in the dark and at a temperature of 4°C ? 3°C.

BWS Form

Sample

Date

Hour

Wind

RBS A/M/S

ROS A/M/S

Weather S/C

Salinity

Air temp (0C)

Sea temp (0C)

Visible pollution

IE in 100 ml

E. coli in 100 ml

P/A

Force S/M

Direction N/S/E/W

Observations or measurements on the day of sampling: Wind: - present (P) or absent (A); - force: strong (S) or moderate (M); - direction: north (N), south (S), east (E), west (W); Rain day before sampling (RBS) and rain on day of sampling (ROS): absent (A), moderate (M), strong (S); Weather: sunny (S), cloudy (C); Visible pollution: state type and extent; Microbiological parameters: Intestinal enterococci (IE) and Escherichia coli (E. coli) Remark: All data must be entered into the form in indelible ink.